NON-disclosure agreements (NDAs) in the national government’s procurement of coronavirus disease (COVID-19) vaccines can be invoked and used as a “cover-up” for the various issues raised related to the program, former Sen. Panfilo “Ping” Lacson warned yesterday.
In a statement, Lacson said: “The NDAs could very well be a cover-up for the unconscionable misuse of public funds at a time when our economy was already taking a beating because of the COVID-19 pandemic.”
He added: “There are hundred billions of reasons to audit the government-procured vaccines especially after the issues were repeatedly raised in the last Congress have not yet been answered concerning the grossly overpriced Chinese brand vaccine Sinovac compared to other brands like AstraZeneca, Moderna, and even the US brand Pfizer that (former) SFA (secretary of foreign affairs) Teddy Boy Locsin had earlier booked but ignored by the DOH (Department of Health).”
The former senator made the remark after the Commission on Audit (COA) admitted during Tuesday’s Senate plenary budget deliberations on its proposed P13.8 billion budget for next year that state auditors have only been able to audit the inventory and the utilization of the purchased vaccines because they felt “restrained” by the NDAs signed by the DOH and vaccine manufacturers.
The issue was raised by Sen. Francis Escudero, who complained that data on how much the government spent for the purchase of the COVID-19 vaccines were only available through newspaper reports.
Escudero said that the most important function of COA is to ensure that public funds were spent wisely and to make sure that there is public accountability and transparency as mandated by the Constitution.
Lacson recalled the statement of Locsin when the DOH was questioned about the foiled procurement of Pfizer vaccines. “Remember the famous ‘somebody dropped the ball’ remark made by SFA Locsin?” he said.
Locsin, at the time, said that he and former Philippine Ambassador to the US Jose Manuel “Babe” Romualdez were able to secure millions of Pfizer vaccine doses which were set to arrive in the country by January 2021 but this did not push through as former health secretary Francisco Duque III “dropped the ball” after he failed to sign the NDA for the contract on time.
Lacson said it was not only the vaccines which were overpriced, but also the other pandemic supplies such as test kits and face masks that were bought by the DOH.
Former Senate minority leader Franklin Drilon said the NDAs on the government’s vaccine purchase cannot be used as a reason to prevent audit and full public disclosure of how much money was spent by the previous administration.
“All the COVID supply purchase should be subject to COA audit. This is an obligation imposed by the Constitution on COA. The NDA cannot be cited to prevent an audit and full public disclosure of how public funds were spent,” Drilon said in a statement.
Drilon said if the Procurement Service of the Department of Budget and Management, which was the purchasing agent, continue to refuse to cooperate with COA, the latter can “refuse to approve the expenses, and consider the amounts unliquidated.”
Drilon said even he was not able to see the NDA.
“I wish to remind DOH and PS-DBM that the funds disbursed (by the past administration) for COVID pandemic purchases could not be classified as Confidential or Intelligence Funds which can be liquidated through the Sealed Envelope system. That these supplies were emergency purchases do not exclude them from the regular public COA audit,” he added.
In an interview with CNN Philippines, Drilon said the NDA, “if it indeed exists,” cannot be used to protect government officials from accountability, adding that the COA should exercise its constitutional power to audit the multi-billion funds to buy the COVID-19 vaccines.
“They cannot cite NDAs to prevent the audit of these funds. That is totally wrong. An NDA, if such indeed exists, cannot be superior over the constitutional duty of the Commission on Audit to audit public expenditures,” Drilon said.
“I call on the COA to do its job. Their power is vested in them by the highest law of the land. Are you telling me that a mere piece of paper called the NDA is more powerful than the Constitution, which mandates transparency and the proper auditing of public funds?” he added.
He said officials currently at the helm of the DOH and PS-DBM can face prosecution if they continue to invoke NDAs and prevent COA from auditing the funds used to purchase the vaccines.
Lacson urged the Marcos administration to compel state auditors to make an audit report on the matter.
“The new administration should pursue and resolve this matter to its logical conclusion. The Filipino people deserve no less,” he said.
The DOH, in a statement, said it is ready to subject its COVID-19 vaccination program to an audit.
“On the subject of COVID-19 vaccine expenditures, the DOH is ready to coordinate and comply with the COA’s auditing process and provide all required documents available to the DOH in accordance with existing laws,” said the DOH, adding it is also open to any probes and inquiries concerning its COVID-19 vaccination rollout.
“The DOH welcomes any inquiries from our partners in the Congress and the Commission on Audit concerning the DOH’s performance of its mandates,” it said. — With Gerard Naval
